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the complainant and on hearing the said fact they rescued Cw.2 to Cw.5 and lodged complaint against accused under Section 370, 370(A) of I.P.C, Section 3 and 14 of Child Labour (Prohibition and Regulation) Act,1986 and Section 23 and 26 of Juvenile Justice Act.

4. The Investigating Officer has investigated the same and filed charge sheet against accused for the offences punishable 370, 370(A) of I.P.C, Section 3 and 14 of Child Labour (Prohibition and Regulation) Act,1986 and Section 23 and 26 of Juvenile Justice Act. Thereafter, after filing the charge sheet as usual the accused appeared before the Committal Court, the committal Court furnished copy of charge sheet to him as contemplated under Section 207 of Cr.P.C. The committal Court passed an order for committing the case to the Hon'ble Principal City Civil & Session Judge-Bengaluru, since the victims are minors and the said case is exclusively triable by the Child Court and in turn the said case was made over to this Court for further proceedings.

5. After receiving the record by this Court, the summons was issued to accused. In pursuance of the said summons, the accused appeared before the Court and he was enlarged on bail. Thereafter the learned advocate for accused submitted that there is no argument before framing charge and requested to frame charge. As a result the learned predecessor in office framed charge for the offences punishable under Section 370 of I.P.C and Section 23 and 26 of Juvenile Justice Act, stating that section 370- A of IPC and Section 3 and 14 of Child Labour (Prohibition and Regulation) Act,1986 are not attracted to this case. The contents of charge read over and explained in Hindi by translating Kannada version to the accused. The accused pleaded not guilty and submit crimes to be tried. Thereafter the case against accused set down for prosecution evidence.

12. Before venturing into scan the available material evidence on record, it is necessary to mention the very definition of offences under Section 370 of I.P.C., and Section 23 and 26 of J.J. Act.

Section 370 of I.P.C defines that:

Trafficking of persons-[1] Whoever, for the purpose of exploitation,(a) recruits, (b)transports, (c) harbours,
(d)transfers, or (e) receives, a person or persons, by-
          First        -using threats, or

          Secondly     -using force, or any other form of
                       coercion, or

          Thirdly    -by abduction, or

25. Point No.3:- For the above said reasons and discussions on Point No.1 and 2, I hold that the accused is entitled for an order of acquittal. Hence, in the final result, I proceed to pass the following:

ORDER Acting under Section 235(1) of Cr.P.C., the accused is acquitted for the offences punishable under section 370 of IPC and section 23 and 26 of J.J. Act. His bail bond and surety bond stand cancelled.
(Dictated to the Judgment Writer, transcribed and typed by her. It is then corrected, signed and pronounced by me in open court on this the 13th Day of November 2017.) (SUSHEELA) L ADDL.CITY CIVIL & SESSIONS JUDGE, BANGALORE ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF PROSECUTION Pw.1 Joyce Pramila Cw.6 21-10-2016 Pw.2 Y. Nagaraj Cw.1 17-03-2017 Pw.3 R.Kempanna Cw.11 18-08-2017 Pw.4 Dr.Geetha Cw.10 05-09-2017 Pw.5 Chandranna Cw.12 07-10-2017 Pw.6 M.V.Prabhu Cw.8 02-11-2017 Pw.7 Shyam Rao Cw.7 02-11-2017 LIST OF DOCUMENTS MARKED ON BEHALF OF PROSECUTION Ex.P 1 Mahazar Pw.1 21-10-2016 Ex.P 1a Signature of Pw.1 Pw.1 21-10-2016 Ex.P 1b Signature of Pw.6 Pw.6 02-11-2017 Ex.P 2 Complaint Pw.2 17-03-2017 Ex.P 2a Signature of Pw.2 Pw.2 17-03-2017 Ex.P 3 Representation Pw.2 17-03-2017 given by informant Ex.P 4 to 7 Statements of victim Pw.3 18-08-2017 boys-Cw.2 to Cw.5 Ex.P 4a to Signatures of Pw.3 Pw.3 18-08-2017 7a Ex.P 4c, 5b, Signatures of Pw.5 Pw.35 07-10-2017 6b, 7b Ex.P 8 to 11 Age determination Pw.4 05-09-2017 certificates of victims Ex.P 8a to Signatures of Pw.4 Pw.4 05-09-2017 11a Ex.P 12 Statement of Pw.7 Pw.7 02-11-2017 LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF PROSECUTION